Archive for the ‘Uncategorized’ Category


Written By: Kenneth LaBore | Published On: 26th March 2017 | Category: Uncategorized | RSS Feed
Click Here For Link To Report Abuse To Adult Protection

Click Here For Link To Report Abuse To Adult Protection

For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.

If you have concerns about financial exploitation or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Aging Joyfully Eden Prairie

Written By: Kenneth LaBore | Published On: 21st February 2017 | Category: Inadequate Staffing/Training, Uncategorized, Wrongful Death | RSS Feed

 

Death After Failure to Monitor Heart Pump at Aging Joyfully Eden Prairie

Death After Failure to Monitor Heart Pump at Aging Joyfully Eden Prairie

Aging Joyfully Eden Prairie Allegation of Neglect After Failure to Plug in Heart Pump

In a report from the Minnesota Department of Health, dated January 4, 2017, it is alleged that a client at Aging Joyfully Eden Prairie was neglected when staff failed to plug in and monitor the client’s heart pump.  The client passed away.

Aging Joyfully Eden Prairie Substantiated Neglect After Resident Death

Based on a preponderance of the evidence, neglect is substantiated. Staff failed to plug a “heart pump” device into wall/outlet power. The client was dependent on the device and when the device batteries depleted, the client died.

The client was admitted to the home care provider with diagnoses that included heart failure with a left ventricle assist device (LVAD) and dementia.  The client required assistance with activities of daily living, meals, and LVAD management.  The client had 10 percent heart function.  The home care provider staff were required to test the LVAD daily and record the device readings, and the client’s vital signs and weight.  At bedtime, the staff were required to change the LVAD from battery power to wall/outlet power.

The University of Minnesota LVAD training protocol defines a LVAD as a mechanical circulatory device or “heart pump” that assists a failing heart by increasing blood flow to the rest of the body.  The device is used to increase quality of life and survival for people living with end stage heart failure.  The LVAD controller runs off battery power.  The requirement for sleep procedures were to change the controller from battery power to wall/outlet power by disconnecting the batteries, connecting the controller to the power module, ensuring the power module is connected to wall power, and placing the batteries on the charger for the next day’s use.  The LVAD controller had a system alarm that sounds for various reasons including a low battery.

Aging Joyfully Eden Prairie – Report Suspected Abuse and Neglect

Click Here For Link To Report Abuse To Adult Protection

Click Here For Link To Report Abuse To Adult Protection

For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.

If you have concerns about any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Olivia Nursing Home Abuse Lawyers

Written By: Kenneth LaBore | Published On: 17th February 2017 | Category: Uncategorized | RSS Feed
Fractures From Falls and Other Injuries - Olivia Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

Fractures From Falls and Other Injuries – Olivia Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

Olivia Nursing Home Abuse Lawyers

Attorneys Kenneth LaBore, Esq. and Suzanne Scheller, Esq. have separate firms but work together on many serious injury elder abuse and neglect and wrongful death cases splitting the contingent fee at no additional expense to the client.  Neither attorney is paid unless they win a verdict or get a settlement offered by  the wrongdoer.  Nursing home neglect and abuse cases are complicated claims and often involve allegations which require expert witness support and use of wrongful death statutes.   Mr. LaBore and Ms. Scheller only handle cases with very serious injury, assault or death.  They work hard to get accountability from facilities and to ensure as much as possible that policy and procedure and other changes including training are made to protect residents still in the facility.

We represent clients and their families throughout the state of Minnesota and will come to meet with you if you are unable to meet in one of our offices.

Olivia Nursing Home Abuse Lawyers – Providers

To find a nursing home provider in Minnesota you can check the Minnesota Department of Health website for information on licensure of potential facilities, finding a facility, including complaint history, state survey reportsresident bill of rights, Minnesota Nursing Home Report Card, CMS Medicare Five Star Rating system under Nursing Home Compare and more information related to nursing home and elder care providers.

To check for the updated list of providers in Minneapolis see Minnesota Department of Health Provider lookup.

For more information on selecting a nursing home see Choosing a Facility.

Olivia Nursing Home Abuse Lawyers – Facilities in Olivia

We can investigate and handle cases against this Olivia area facility as well as other elder care providers in Renville County and throughout the state of Minnesota:

Name: RENVILLA HEALTH CENTER
Address: 205 SE ELM AVENUE
RENVILLE,  MN  56284
Phone: 320-329-8381   Fax: 320-329-3678
Administrator: MS. TAMARA BORSTAD
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 56)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 56)

a

Olivia Nursing Home Abuse and Neglect Attorney Kenneth LaBore

Kenneth LaBore is a Minnesota Attorney who knows how to fight and hold negligently nursing homes accountable. Mr. LaBore is a skilled investigative trial attorney with well over two decades of experience who represents victims and family members in cases involving nursing home elder negligence and abuse.

For information about nursing home nursing home Medicaid Survey inspection findings see “survey findings”.

Olivia Nursing Home Abuse Lawyers – Report Suspected Abuse

Pursuant to Minn. Statute 144.7065, Subd. 7, potential criminal events, events reportable under this subdivision are:

(1) any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider;
(2) abduction of a patient of any age;
(3) sexual assault on a patient within or on the grounds of a facility; and
(4) death or serious injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a facility.

In addition to the reporting requirements for the facility you should also report any physical or sexual abuse to the local police department and the Minnesota Department of Health Office of Health Facility Complaint, OHFC.  See the attached for more information about reporting elder abuse and neglect.

The Minnesota Department of Health MDH, Office of Health Facility Complaints, OHFC, protects the identity of the person making the complaint and the mistreated patient or resident. Serious questions of health or safety are investigated within two business days.

Olivia Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

If you have concerns about nursing home or assisted living elder abuse and neglect injuries and you are interested in a free consultation to discuss your case call Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.  If the elder neglect and abuse case is accepted you would have two experienced lawyers fighting for accountability on your behalf.

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Staples Nursing Home Abuse Lawyers

Written By: Kenneth LaBore | Published On: 17th February 2017 | Category: Uncategorized | RSS Feed
Fractures, Head Injuries and Other Injuries - Staples Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

Fractures, Head Injuries and Other Injuries – Staples Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

Staples Nursing Home Abuse Lawyers

Attorneys Kenneth LaBore, Esq. and Suzanne Scheller, Esq. have separate firms but work together on many serious injury elder abuse and neglect and wrongful death cases splitting the contingent fee at no additional expense to the client.  Neither attorney is paid unless they win a verdict or get a settlement offered by  the wrongdoer.  Nursing home neglect and abuse cases are complicated claims and often involve allegations which require expert witness support and use of wrongful death statutes.   Mr. LaBore and Ms. Scheller only handle cases with very serious injury, assault or death.  They work hard to get accountability from facilities and to ensure as much as possible that policy and procedure and other changes including training are made to protect residents still in the facility.

We represent clients and their families throughout the state of Minnesota and will come to meet with you if you are unable to meet in one of our offices.

Staples Nursing Home Abuse Lawyers – Providers

To find a nursing home provider in Minnesota you can check the Minnesota Department of Health website for information on licensure of potential facilities, finding a facility, including complaint history, state survey reportsresident bill of rights, Minnesota Nursing Home Report Card, CMS Medicare Five Star Rating system under Nursing Home Compare and more information related to nursing home and elder care providers.

To check for the updated list of providers in Minneapolis see Minnesota Department of Health Provider lookup.

For more information on selecting a nursing home see Choosing a Facility.

Staples Nursing Home Abuse Lawyers – Facilities in Staples

We can investigate and handle cases against this Staples area facility as well as other elder care providers in Todd County and throughout the state of Minnesota:

Name: LAKEWOOD HEALTH SYSTEM
Address: 401 PRAIRIE AVENUE NE
STAPLES,  MN  56479
Phone: 218-894-1515   Fax: 218-894-8355
Administrator: MR. TIM RICE
Minnesota Licensed Bed Capacity: (Nursing Home Beds = 100)
Federally Certified Beds: (Dual Medicare/Medicaid Skilled Nursing and Nursing Facility Beds = 100)

a

Staples Nursing Home Abuse and Neglect Attorney Kenneth LaBore

Kenneth LaBore is a Minnesota Attorney who knows how to fight and hold negligently nursing homes accountable. Mr. LaBore is a skilled investigative trial attorney with well over two decades of experience who represents victims and family members in cases involving nursing home elder negligence and abuse.

For information about nursing home nursing home Medicaid Survey inspection findings see “survey findings”.

Staples Nursing Home Abuse Lawyers – Report Suspected Abuse

Pursuant to Minn. Statute 144.7065, Subd. 7, potential criminal events, events reportable under this subdivision are:

(1) any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider;
(2) abduction of a patient of any age;
(3) sexual assault on a patient within or on the grounds of a facility; and
(4) death or serious injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a facility.

In addition to the reporting requirements for the facility you should also report any physical or sexual abuse to the local police department and the Minnesota Department of Health Office of Health Facility Complaint, OHFC.  See the attached for more information about reporting elder abuse and neglect.

The Minnesota Department of Health MDH, Office of Health Facility Complaints, OHFC, protects the identity of the person making the complaint and the mistreated patient or resident. Serious questions of health or safety are investigated within two business days.

Staples Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

If you have concerns about nursing home or assisted living elder abuse and neglect injuries and you are interested in a free consultation to discuss your case call Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.  If the elder neglect and abuse case is accepted you would have two experienced lawyers fighting for accountability on your behalf.

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Little Canada Nursing Home Abuse Lawyers

Written By: Kenneth LaBore | Published On: 10th February 2017 | Category: Uncategorized | RSS Feed
Fractures from Falls and Other Preventable Injuries - Little Canada Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

Fractures from Falls and Other Preventable Injuries – Little Canada Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

Little Canada Nursing Home Abuse Lawyers

Attorneys Kenneth LaBore, Esq. and Suzanne Scheller, Esq. have separate firms but work together on many serious injury elder abuse and neglect and wrongful death cases splitting the contingent fee at no additional expense to the client.  Neither attorney is paid unless they win a verdict or get a settlement offered by  the wrongdoer.  Nursing home neglect and abuse cases are complicated claims and often involve allegations which require expert witness support and use of wrongful death statutes.   Mr. LaBore and Ms. Scheller only handle cases with very serious injury, assault or death.  They work hard to get accountability from facilities and to ensure as much as possible that policy and procedure and other changes including training are made to protect residents still in the facility.

We represent clients and their families throughout the state of Minnesota and will come to meet with you if you are unable to meet in one of our offices.

Little Canada Nursing Home Abuse Lawyers – Providers

To find a nursing home provider in Minnesota you can check the Minnesota Department of Health website for information on licensure of potential facilities, finding a facility, including complaint history, state survey reportsresident bill of rights, Minnesota Nursing Home Report Card, CMS Medicare Five Star Rating system under Nursing Home Compare and more information related to nursing home and elder care providers.

To check for the updated list of providers in Minneapolis see Minnesota Department of Health Provider lookup.

For more information on selecting a nursing home see Choosing a Facility.

Little Canada Nursing Home Abuse Lawyers – Facilities in Little Canada

We can investigate and handle cases against Little Canada area facilities as well as other elder care providers in Ramsey County and throughout the state of Minnesota.

a

Little Canada Nursing Home Abuse and Neglect Attorney Kenneth LaBore

Kenneth LaBore is a Minnesota Attorney who knows how to fight and hold negligently nursing homes accountable. Mr. LaBore is a skilled investigative trial attorney with well over two decades of experience who represents victims and family members in cases involving nursing home elder negligence and abuse.

For information about nursing home nursing home Medicaid Survey inspection findings see “survey findings”.

Little Canada Nursing Home Abuse Lawyers – Report Suspected Abuse

Pursuant to Minn. Statute 144.7065, Subd. 7, potential criminal events, events reportable under this subdivision are:

(1) any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider;
(2) abduction of a patient of any age;
(3) sexual assault on a patient within or on the grounds of a facility; and
(4) death or serious injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a facility.

In addition to the reporting requirements for the facility you should also report any physical or sexual abuse to the local police department and the Minnesota Department of Health Office of Health Facility Complaint, OHFC.  See the attached for more information about reporting elder abuse and neglect.

The Minnesota Department of Health MDH, Office of Health Facility Complaints, OHFC, protects the identity of the person making the complaint and the mistreated patient or resident. Serious questions of health or safety are investigated within two business days.

Little Canada Nursing Home Abuse Lawyers Kenneth LaBore and Suzanne Scheller

If you have concerns about nursing home or assisted living elder abuse and neglect injuries and you are interested in a free consultation to discuss your case call Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.  Mr. LaBore can also be reached at 1-888-452-6569.  If the elder neglect and abuse case is accepted you would have two experienced lawyers fighting for accountability on your behalf.

Disclaimer

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Medication Error at First Phoenix in Ramsey

Written By: Kenneth LaBore | Published On: 27th July 2016 | Category: Medication Drug Error, Uncategorized | RSS Feed
Medication Error Failure to Provide Heart Medication at Stoney River Ramsey, First Phoenix Ramsey Minnesota

Medication Error Failure to Provide Heart Medication at Stoney River Ramsey, First Phoenix Ramsey Minnesota

MDH Cites First Phoenix with Medication Error

In a report dated July 13, 2016, the Minnesota Department of Health alleged that a client was neglected when s/he did not receive his/her medications for 10 days and developed labored

Heart Medication Missed At First Phoenix, Stoney River Ramsey

Based on a preponderance of the evidence neglect of healthcare occurred when staff failed to administer the client’s prescribed congestive heart failure medication resulting in the client experiencing acute congestive heart failure symptoms and collapsed lung requiring hospitalization and medical treatment.

The client was oxygen dependent, with a diagnosis of congestive heart failure, and had experienced assistance from staff with medication administration several times a day.  The client had a physician’s order for Lasix (Furoemide, a “water pill” medication used to treat fluid retention and swelling caused by congestive heart failure) 80 milligrams in the morning and another 40 milligrams to be administered at noon.  The client did not receive the Lasix for multiple days.

For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.

If you have concerns about medication errors, improper use of medical equipment, falls or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Minnesota Nursing Home Leaders Say Residents Suffer from Shortage of State Funds

Written By: Kenneth LaBore | Published On: 6th February 2015 | Category: Caregivers Resources, Uncategorized | RSS Feed
Health Care Expenses Hurting Seniors

Shortage of State Funds for Nursing Homes

Minnesota Nursing Homes Facing Shortage of State Funds

Shortage of State Funds – Nursing home leaders throughout Minnesota are saying that their workers can earn more money working fast food or at a food processing plant than helping the elderly people that they are charged to help. It’s a complaint that has been echoed time and time again throughout the state.

Now nursing homes are looking to the legislature for an increase in funding that they say would help their employees, thus help their residents.

One aspect that has nursing home leaders concerned is the fact that 60,000 people will be 65 and older in Minnesota this year and that means an increase in demand for nursing home care. If that demand cannot be met because nursing homes cannot afford to pay their employees living wages, then the patient care could suffer. This could result in more nursing home neglect cases, as nursing homes are short staffed in many cases as it is.

What’s more is that the funding is necessary for them to keep the homes open. The state does have a $1 billion surplus, which has made the political climate a bit different and the Republicans have control of the Minneapolis House. What makes this significant is that increased nursing home funding is something that the House Republicans campaigned on during the election in 2014.

Politicians are quite aware of the demographics situation that is being seen in Minnesota and the fact that the state has 370 nursing homes. There is push for a $200 million plan that would overhaul how the homes are reimbursed. This overhaul comes on top of a $30 million funding increase that was given to the industry during the last legislative session.

Currently, nursing homes are reimbursed by Medicaid. This money comes as a combination of state and federal dollars. However, there are a lot of issues that have been created by the system. Budget cuts that happened previously meant that the homes have not been able to keep up with inflation. There are also state laws that keep the homes from charging private patients more than what Medicaid pays for Medicaid patients. Medicaid typically pays at a reduced amount, thus causing the same for private pay patients. It is this funding gap that has led to nursing home closures, mostly in the rural areas where elderly patients need senior care services the most. In addition to closures, facilities are losing their best staff members to better jobs in the same field that pay them more.

A major part of the proposal would utilize public funds for higher pay for nurses. It is believed this would provide better care quality for patients.

The proposal also equalizes reimbursement rates between urban and rural nursing homes. Health insurance options for employees would be expanded, giving employees better benefits than what they have now.

Some Republicans are supporting this proposal in the Minnesota House, which is promising to the proponents of the overhaul, but they are looking for more promise that the bill would pass.

If you have concerns about any form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Nursing Home Resident Rights for Medicare and Medicaid

Written By: Kenneth LaBore | Published On: 2nd April 2013 | Category: Abuse and Neglect Attorney, Nursing Home Abuse and Neglect, Patient Rights, Uncategorized | RSS Feed
Federal and State Regulations for Resident Rights for Nursing Homes

Federal and State Regulations for Nursing Home Resident Rights

Federal Regulations Prohibit Abuse and Neglect of Nursing Home Resident Rights

According to 42 CFR § 483.10, nursing home resident rights. A nursing home resident has “resident rights” – including the right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility.  A facility must protect and promote the rights of each resident, including each of the following rights:

(a) Exercise of rights.

(1) The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States.

(2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights.

(3) In the case of a resident adjudged incompetent under the laws of a State by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed under State law to act on the resident’s behalf.

(4) In the case of a resident who has not been adjudged incompetent by the State court, any legal-surrogate designated in accordance with State law may exercise the resident’s rights to the extent provided by State law.

(5) criminal sexual conduct in the first through fifth degrees as defined in sections 609.342 to 609.3451. A violation includes any action that meets the elements of the crime, regardless of whether there is a criminal proceeding or conviction.

(b) Conduct which is not an accident or therapeutic conduct as defined in this section, which produces or could reasonably be expected to produce physical pain or injury or emotional distress including, but not limited to, the following:

(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable adult;

(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable adult or the treatment of a vulnerable adult which would be considered by a reasonable person to be disparaging, derogatory, humiliating, harassing, or threatening; (

3) use of any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion, including the forced separation of the vulnerable adult from other persons against the will of the vulnerable adult or the legal representative of the vulnerable adult; and

(4) use of any aversive or deprivation procedures for persons with developmental disabilities or related conditions not authorized under section 245.825.

(c) Any sexual contact or penetration as defined in section 609.341, between a facility staff person or a person providing services in the facility and a resident, patient, or client of that facility.

(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult against the vulnerable adult’s will to perform services for the advantage of another.

(e) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section 253B.03 or 524.5-313, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition and hydration through intubation. This paragraph does not enlarge or diminish rights otherwise held under law by:

(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or

(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.

(f) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult. (g) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with: (1) a person, including a facility staff person, when a consensual sexual personal relationship existed prior to the caregiving relationship; or (2) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship.

Other Nursing Home Resident Rights Include – Minnesota Statute § 626.5572, Subd. 9.  Financial exploitation.

“Financial exploitation” means:

(a) In breach of a fiduciary obligation recognized elsewhere in law, including pertinent regulations, contractual obligations, documented consent by a competent person, or the obligations of a responsible party under section 144.6501, a person:

(1) engages in unauthorized expenditure of funds entrusted to the actor by the vulnerable adult which results or is likely to result in detriment to the vulnerable adult; or

(2) fails to use the financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct or supervision for the vulnerable adult, and the failure results or is likely to result in detriment to the vulnerable adult.

(b) In the absence of legal authority a person:

(1) willfully uses, withholds, or disposes of funds or property of a vulnerable adult;

(2) obtains for the actor or another the performance of services by a third person for the wrongful profit or advantage of the actor or another to the detriment of the vulnerable adult;

(3) acquires possession or control of, or an interest in, funds or property of a vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud; or

(4) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult’s will to perform services for the profit or advantage of another. (c) Nothing in this definition requires a facility or caregiver to provide financial management or supervise financial management for a vulnerable adult except as otherwise required by law.

Report Suspected Violations of Nursing Home Resident Rights

Click Here For Link To Report Abuse To Adult Protection

Click Here For Link To Report Abuse To Adult Protection

For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.

If you have concerns about resident right issues, financial exploitation or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

Facebooktwittergoogle_plusredditpinterestlinkedinmail